Sanford Levinson, Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It). Oxford University Press, 2006.
Sanford Levinson is very upset. As he sees it, the United States Constitution fails to uphold the principles of the American nation, and something needs to be done about it. Our Undemocratic Constitution is his case for a national referendum on calling a new constitutional convention to revise the Constitution to bring it into the 21st century.What are the principles the national Constitution is supposed to further? They include those of the Preamble, asserts Levinson. Insofar as it does not conduce to the achievement of “a more perfect union,” say, “promote the general welfare,” or “secure the blessings of liberty,” then, the Constitution needs to be changed.
Those are not the only principles Levinson identifies as fundamental. Also fundamental are equality and democracy. Levinson knows that these are fundamental, and the Constitution does not serve them, so it needs to be amended to allow them to be followed, too.
Levinson points to several provisions of the Constitution as contrary to principles such as equality and democracy. He is especially exercised about the structure of the U.S. Senate and of the Electoral College, each of which skews outcomes in favor of less populous states. This is undemocratic, says Levinson, and cannot be tolerated.
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